Online Purchase Terms and Conditions
The terms contained in this document (Online Purchase Terms and Conditions) (the “Terms”), apply to all purchases from https://www.simrad-yachting.com. Please read it carefully before ordering any Goods from this website. We may amend these Terms from time to time, and the changes will take effect from the time we publish the amended Terms – any amended Terms will not apply to any orders that we have already accepted.
- INTRODUCTION
1.1 Simrad-Yachting is a brand registered, owned and operated by Navico Logistics Europe B.V. (“Navico”). Navico is registered in the Netherlands under company number 24404345 with VAT identification number is NL817212176B01 and its registered office is at Donker Duyvesweg 56, Dordrecht 3316BM Netherlands. (“Simrad-Yachting”, “us”, “we”, or “our” as the context may require). For Purchase VAT claims, our Swedish VAT number is SE502083892501.
1.2 These Terms and Conditions (the “Terms”) govern your use of https://www.simrad-yachting.com (the “Site”) and your relationship with the Navico and apply to any purchases by you from https://www.simrad-yachting.com in Sweden. By opening an account on or ordering Goods from the Site you agree to contract with us on these Terms. If you do not agree to these Terms, please do not register, place any order or use the Site.
1.3 The buyer ("you") shall mean the private individual buying Goods at the Site in the capacity of consumer and not in the course of his business, trade or profession.
1.4 The "Goods" shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of the contract between you and us that any and all ancillary items are additional to such contract unless specifically detailed within the sales invoice/order confirmation form.
1.5 The "Price" shall mean the amount payable to us for the Goods including VAT plus the amount paid to the delivery service provider for the supply of delivery services unless otherwise stated. You should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed in writing via e-mail by us to you.
1.6 We reserve the right to amend technical or clerical errors or change these Terms in any order without prior notice. In addition, you shall ensure that all details contained within the order are correct and we shall not accept any liability for any error or inaccuracy in any order.
1.7 All Goods are offered for sale subject to availability, and are as described (some may differ slightly from their picture). We regret that occasionally it may not be possible to complete an order if stock runs out or if it is withdrawn for any reason. If there is a problem we will let you know as soon as we can and will refund in full any money that you have already paid to us for the Goods in question.
1.8 You may not order or obtain Goods from this website if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) you are not at legal age to form a binding contract with Navico and its affiliates, or (c) are prohibited from accessing or using this website or any of this website's contents, Goods or services by applicable laws.
1.9 Your use of the Site is subject to our website Privacy Policy, Cookies Policy and Terms of Use as available in our website.
2. THE CONTRACT
2.1 After placing your order, you will receive a confirmation message from us that acknowledges our receipt of your order along with a generic authorisation order number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms all of the relevant details of your order and sets out the expected dispatch and delivery dates for the Goods (the " Order Confirmation"). The contract between you and us will only be formed when we send you the Order Confirmation.
2.2 By ticking the consent box, completing all required steps and clicking the 'PURCHASE/ BUY ' button on the Confirm & Purchase Screen, you agree to these Terms. Please carefully check your order details are correct before clicking the ‘PURCHASE’ /BUY button. Our acceptance of your order will take place when send the Order Confirmation to accept it, at which point a contract will come into existence between you and us.
2.3 You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity and specification of Goods set out in your order. While your card may be debited before, the contract is formed, if the order is ultimately rejected, a full refund will be made immediately to the same card. Please note that we take action on this immediately however, depending on your selected payment method, it may take between 5-7 working days until the money is returned to your account.
2.4 In case of noticing any error or incorrect information after placing your order, please contact us at orders.b2c.emea@navico.com without delay in order to amend any inaccurate details. We will deliver to the shipping address you have provided so it is important that you ensure these details are correct.
2.5 You will own the Goods only once we have received payment in full, but we will remain responsible for it until we have delivered it to the specified delivery address, or it has been collected by you or on your behalf.
3. CANCELLATIONS AND RETURNS
3.1 If you change your mind, you may cancel your order or any part of it at any stage before the Goods are delivered to you, or within 14 days of receiving the Goods (the “Cooling-off Period”).
3.2 If you cancel your order before the Cooling-Off Period and before Goods being shipped to you, any sum debited by us from your credit/debit card will be refunded in full to the same card. You may do so either by notifying us by sending an email to cancellations.b2c.emea@navico.com or contacting us through our contact us page.
3.3 If you cancel the order after the Goods being shipped to you or within the Cooling-Off Period you have to return the Goods to us. We will arrange a collection service at your convenience, however if you ask for any change of time or miss the collection time for two attempts, you are responsible for the costs of returning the Goods.
3.4 In accordance with clause 3.3 once you delivered the returning Goods to the arranged collection team, we will reimburse you without undue delay, in accordance with clause 2.3, for all payments, which we have received from you in relation to your order, including the cost of delivery and in the same currency of purchase. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise you will not incur any fees as a result of the reimbursement.
3.5 We are permitted by law to reduce your refund at our sole discretion, to reflect any reduction in the value of the Goods if the reduction is the result of unnecessary handling by you.
3.6 Unless the Goods being returned are faulty, they must be returned in a saleable condition. All Goods must be treated with care until you deliver them to our arranged collection services or post them to us by Standard Delivery. We shall be entitled to refuse a return in the event that the Goods are returned in an unsaleable condition.
4. FAULTY GOODS
4.1 If any product you purchase is damaged or faulty, if it is within the Cooling- Off Period and you do not want to cancel the purchase, please contact our technical support team at orders.b2c.emea@navico.com to discuss and we will aim to resolve the issue as quickly as possible. Our technical support team will work with you to ensure that you receive a resolution that is in compliance with your consumer rights.
4.2 If the Goods are damaged, faulty or missing, you may ask for (i) delivery of the missing Goods, (ii) a repair of the damaged or faulty Goods or (iii) replacement of the Goods, unless this is not justified in the given circumstances. If we have not been able to repair or replace the Goods or such repair or replacement cannot reasonably be asked from us, you may also have the right to terminate the contract, return the damaged or faulty Goods and receive a refund, or you may be entitled to a reduction to the purchase price.
4.3 Our policy on faulty products dos not affect your legal rights.
5. CANCELLATION BY NAVICO
5.1 We reserve the right to cancel or reject your order for the following reasons:
- Product are unavailable or out of stock at the time of accepting your order;
- We cannot authorize your payment;
- you do not meet the purchase requirements;
- There has been an error on the pricing, description of the product or typographical error;
- The delivery service provider does not deliver to your area; and
- We have reason to suspect that there is a risk of a fraudulent transaction.
5.2 If we do cancel your contract, we will notify you by email and will re-credit to your account any sum deducted by us (in respect of Goods provided by us, and delivery services provided by the delivery service provider (unless amounts in respect of delivery are refunded directly by the delivery service provider)), from your debit or credit card as soon as possible but in any event within 14 days of the date of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.
6. LEGAL GUARANTEE OF CONFORMITY AND WARRANTY
6.1 Navico warrants that the Goods shall conform to the description of the Goods on its Site and that the Goods will be of satisfactory quality, free from defects in materials and workmanship and fit for its intended purpose.
6.2 In addition to your statutory warranty, the following limited warranty is applicable. This limited warranty extends only to the original purchaser of the Goods from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service. This limited warranty covers during the Warranty Period (as defined in clause 6.4) defects in materials and workmanship in Goods and services purchased from the Site.
6.3 This limited warranty does not cover any damages due to:
a. transportation;
b. storage;
c. improper use;
d. failure to follow the product instructions or to perform any preventive maintenance;
e. modifications;
f. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us;
g. unauthorized repair;
h. normal wear and tear; or
i. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
6.4 This limited warranty starts on the date of your purchase date and lasts for Two (2) years the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
6.5 With respect to any defective products during the Warranty Period, you may ask for (i) delivery of the missing Goods, (ii) a repair of the damaged or faulty Goods (or the defective part) or (iii) replacement of the Goods (or the defective part) in our sole discretion and if possible in the given circumstances. We will also pay for shipping and handling fees to return the repaired or replacement product to you. If repair or replacement is not possible, we will refund the purchase price of such products to you.
6.6 For any Warranty inquiries, you must email our Customer Service Department at https://www.simrad-yachting.com/sv-se/hjalp--support/warranty-information/.
7. DELIVERY
7.1 For orders placed by customers’ resident in Sweden we only offer the standard and expedited delivery options. Please note that we might amend or update the charges at our sole discretion from time to time.
7.2 Subject to availability, we will use all reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us.
7.3 We will use our reasonable endeavours to deliver the Goods or services within the times indicated in the order confirmation email. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of Goods caused by circumstances beyond our reasonable control.
7.4 Delivery charges will be stated at point of order.
7.5 We will deliver to the address specified in your order.
7.6 You can typically expect a courier delivery to arrive within 7-10 working days of order confirmation and the vast majority of deliveries do arrive well within this timeframe, however, it can sometimes take longer. If your order does not arrive within this period, we will not consider a courier shipment potentially lost until 10 working days have passed from the shipped date. If an item is delayed, we cannot take any action until 10 working days have passed.
8. LIABILITY
8.1 If the Goods we deliver are not what you ordered or are damaged or defective, please contact our Customer Service team as soon as possible at orders.b2c.emea@navico.com so that we can resolve the issue. All such issues are dealt with on a case by case basis.
8.2 These Terms do not exclude or limit our liability (if any) for:
i. Loss caused by willful misconduct ("opzet") or gross negligence ("bewuste roekeloosheid") of Navico;
ii. Any matter in respect of which it would be unlawful for Navico to exclude or restrict its liability (including in particular, any mandatory provisions under applicable law).
8.3 Navico shall not be liable for (i) any consequential or indirect loss and/or (ii) loss of profits, revenues, business, goodwill and/or anticipated savings) suffered by you
8.4 You may have other rights as a consumer under applicable Dutch or Swedish law and these Terms do not affect these.
9. PASSWORD / ACCOUNT SECURITY
9.1 You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. It is important that you keep your personal details and password confidential and secure. If you have any reason to suspect that your password has become known by someone else, has been or is likely to be used without your authorisation, you should change your password or contact us immediately. Navico and its affiliates shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
10. INSTALLATION AND USE OF GOODS
10.1 You confirm that you shall comply with any and all rules relating to installation of the Goods and fully accept that we shall not be liable for any loss which results from forced, misdirected, inappropriate or unqualified installation of any Goods or not adequately maintained the Goods. Furthermore, we shall accept no liability for death or personal injury, unless caused directly by our own negligence.
10.2 Any Goods, or parts of them, that are modified or adapted by you or any third party shall no longer be warranted by us nor shall we be liable for any failures resulting from any such modification or adaptation.
11. PAYMENT TERMS
11.1 Please note that all website and mail order payments are taken in full at the time of order, regardless of stock. All prices are in SEK, inclusive of VAT, and exclude delivery charges. Delivery charges, where applicable, are set out in clause 7 as above. Delivery charges will be added to the total amount due once you have selected a delivery service from the available options set out in delivery section. The total price paid represents an amount to us for the supply of Goods, and an amount collected by us on behalf of the delivery service provider for the supply of delivery services.
11.2 Payment may be made by any of the methods indicated on our website. Payment must be received in full before the Goods are dispatched.
11.3 We will do all we reasonably can to ensure that all of the information you give us at the time of payment is secured by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information provided by you.
11.4 If your payment is not received by us and you have already received any products, you:
a. must pay for such goods within 7 days; or
b. must return the products to us as soon as we notify you on your payment failure. You must take reasonable care of products in your possession (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
c. if you don’t return any products (such as where you have not paid for them) we may collect the goods from you at your expense.
12. THIRD PARTY RIGHTS
12.1 Notwithstanding any other provisions of these Terms, nothing in these Terms shall confer, nor is it intended to confer, a benefit on any third party.
13. GOVERNING LAW AND JURISDICTION
13.1 These terms and conditions shall be exclusively governed by and construed in accordance with the laws of the Netherlands, unless, if you reside in the EU, statutory consumer protection regulations in your country of residence contain provisions that may not be derogated from and that are more beneficial for you , in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
13.2 You may bring judicial proceedings relating to the Goods before a competent Dutch court. If you reside in the European Union you may also bring judicial proceedings relating to the Goods before the competent court of your country of residence. If you reside in the European Union, we may only bring judicial proceedings against you in your country of residence,
13.3 You may also submit complaints about the Goods or these Terms and Conditions to the European Commission’s online dispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. We do not commit to using an online dispute resolution platform to resolve consumer disputes.
14. GENERAL
14.1 These Terms and Conditions , together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you.
14.2 We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
14.3 Your personal data is important to us and is subject to various legal requirements. Please see our Privacy Policy setting out how we collect and deal with your personal data. Cookies are used on the Site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. You may refuse to accept cookies by activating the setting on your browser, however, by selecting this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you visit our site.
14.4 You can change your settings and account details, and delete your account at any time by logging into your account. Please note that changing some settings, including cookies, may impact the functionality on our website and stop some of our services from working properly (e.g. the shopping basket). If you would like to delete or change your settings or account details, or need any help, please contact Customer Services at https://www.bandg.com/en-gb/contact-us-gb/
14.5 We may transfer our rights and obligations under these Terms to another organisation. We will ensure that the transfer will not affect your rights under this contract.
14.6 If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
14.7 The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.
14.8 We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
14.9 You may give us notice under these Terms and Conditions. You may contact us as follows: (i) by e-mail at https://www.simrad-yachting.com/sv-se/kontakta-oss/ or (ii) by personal delivery, overnight courier, registered or certified mail to:
Navico UK Legal Department
Secure House
First Floor Lulworth Close
Chandler’s Ford
Eastleigh
Hampshire
England, SO53 3TL
15. EU Declaration of Conformity
For every product model – which qualifies as electrical equipment under the European Directive 2014/35/EU on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits – produced and placed on the EU market by Navico, a Declaration of Conformity as meant in Article 5(2) of this European Directive is drawn up and held by Navico. Every individual Declaration of Conformity can, at any moment, be accessed on the Navico website at http://downloads.simrad-yachting.com/.
